Separated dating rules
The property and debts part of a divorce or legal separation is often so complicated and the cost of making a mistake is so high that you should talk to a lawyer before you file your papers, especially if you have anything of value (or if you have significant debt).Keep in mind you may not need to hire a lawyer to take on your entire divorce or legal separation, just the property and debt portion of your case.Some spouses use the term 'legally separated' to refer to the fact that they have a signed separation agreement settling their family law problems with one another.Having a signed separation agreement does not mean that spouses are divorced.Sometimes they stay in the same home, because of child-care or money issues, and have separate areas for sleeping, and do not share in daily activities together.Whether or not you are considered to be ‘separated’ in this kind of situation will depend on all of the facts.It is advisable for a couple contemplating legal separation in North Carolina to consult with their attorneys prior to their actual separation for the purpose of drafting a Separation Agreement and Property Settlement.This is a written contract between the spouses and can cover all or some of the issues involved in their separation and eventual divorce.
Legal separation occurs, for the purposes of eligibility for divorce, on the date when one or both spouses move into a separate residence with the intent of living apart permanently.But when you get divorced, the judge has to sign off on that agreement.Until that happens, the property you got during the marriage or domestic partnership belongs to the 2 of you, no matter who is using it or who has control of it. If you divide them between you without a court order (or without a judge signing off on your agreement), the debt continues to belong to the 2 of you and you are both responsible for it, even if the 2 of you split it up informally. This means that a marriage or the registration of a domestic partnership makes 2 people 1 legal “community.” So property that the couple acquires during marriage/partnership is “community property.” And debt that the couple acquires during the marriage/partnership also belongs to the “community debt.” Click on each topic to get the definitions you need to know in more detail: Community property generally is everything that spouses or domestic partners own together.In this section, you will find some basic information about California law related to what happens with property and debts when spouses or domestic partners choose to end their relationship. If you signed a property agreement before or during the marriage (like a prenuptial or postnuptial agreement), talk to a lawyer to see how this affects your case before you file your papers with the court. When you get divorced or legally separated, the court makes decisions about how to divide the property that the spouses or domestic partners bought during the marriage.Even if you do not want to deal with these issues or if you divided your property informally when you separated, the court still needs to make a formal order about these issues.